How to retain earlier priority date

[gondalguru]

I need some advise on retaining earlier priority date of approved I-140

I am from India and I applied for EB-2 catagory NIW for physician working in HPSA - self petition - with priority date of Sept 2004. I-140 approved in June 2005. As per law I need to wait for 5 yrs before they will approve my I-485 based on NIW for physician.

Currently I am in process of applying PERM through my employer, which hopefully willl get approved in next few months.

My question is when I apply for I-140 based on PERM, Is it possible to retain PD of earlier I-140?

Where can I find law - article - information regarding this issue?

 

[great guru]

You can use your priviously approved I 140 PD for the new petion which got approved through PERM.
Are you sure your previous I 140 is not withdrawn?

I need some advise on retaining earlier priority date of approved I-140

I am from India and I applied for EB-2 catagory NIW for physician working in HPSA - self petition - with priority date of Sept 2004. I-140 approved in June 2005. As per law I need to wait for 5 yrs before they will approve my I-485 based on NIW for physician.

Currently I am in process of applying PERM through my employer, which hopefully willl get approved in next few months.

My question is when I apply for I-140 based on PERM, Is it possible to retain PD of earlier I-140?

Where can I find law - article - information regarding this issue?

 

[murlakshmi]

I am in similar situation! This is what my attorney told me:

I am doing J1 waiver in a vamc. I applied for EB2 I 140+NIW+485 before sept. 30th. Then I applied for EB-1 on sept. 30th which was approved recently. It seems except nebraska service center every center will allow substituiton of 485 from one approved petition to another i.e in my case from EB2 to EB1! retaining original PD! I dont know where to look for the law or statute! somebody else in the forum might be able to tell you!